Terms of Use

1. User Agreement

SportInformant is pleased to be able to provide you access to this web site. We are also happy to be able to give you access to our Fantasy Sports, VIP content, Message Boards, Web Blogs, various contests, promotions, and sweepstakes, and any other service we may occasionally provide. These are all subject to these Terms and Conditions, the Privacy Policy, and the Rules and Regulations for all applicable games, promotions, and contests. By continuing past this web site's home page you express your consent to, agreement with, and understanding of the Agreements. We may modify, restrict, change, or alter the Agreements or the Web Site, in whole or in part, impose limits on specific features or services on the website, restrict your access to part or all of the web site. By continuing to use the web site you are expressing your consent to, agreement with, and understanding of any changes, modifications, or alterations. We may not inform you of changes, modifications, or alterations of the Agreements as we determine in our solitary discretion.

2. Online Conduct

The web site is intended for your enjoyment. You agree and acknowledge that the web site and any community areas on the web site are public and not private communications. Web site users will use the web site only for lawful purposes. Occasionally, community areas may be hosted or moderated by a third party. Any action, opinion, or statement that a third party host or moderator expresses will be his or her own and does not represent the views of Sport Informant. You agree that we will not be responsible or liable for any action, opinion, or statement made by you or any third party in these community areas. We cannot review every community area or the placement of every link, and are not responsible for the content or placement of any link to another site. We do, however, reserve the right to delete, edit, or move content, blogs, chat rooms, and bulletin boards or have links removed if they are inaccurate, abusive, defamatory, obscene, or in violation of an existing copyright or are unacceptable in their nature or placement. Sport Informant promotes active debate among its members in community areas, but asks that it is done in a lawful and civil manner. This includes using our systems to email or message other members directly. You agree to use this Sport Informant web site for lawful purposes only. You may not use or allow others to use your membership to:

• Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
• Post or transmit any material that you do not have the right to transmit under law or under contractual or fiduciary relationships;
• Post, transmit, or link to sexually explicit material;
• Post or transmit any advertising, promotional materials, or other forms of solicitation;
• Post or transmit any file that contains corrupted files, viruses, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer;
• Impersonate any person, or falsely state or misrepresent your affiliation with a person or entity;
• Intentionally violate any other applicable law or regulation while accessing and using this Sport Informant web site.

Sport Informant may at any time, without prior notice and at our solitary discretion, remove any post or terminate your membership for violating the above provisions. You agree to indemnify Sport Informant and hold us harmless from any actions, claims, liabilities, or proceedings arising out of your violation of these terms and conditions. You are responsible for any statement made and act that occurs through the use of your user name and password. Do not disclose your password to anybody. If it has been lost or stolen, let us know as soon as you possibly can.

Sport Informant does not claim ownership of user content, but you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, modify, adapt, reproduce, publish, translate, create derivative works from, distribute, perform, and display your user content and to incorporate user content in other works in any form, media, or technology now known or later developed.

3. Payment for Services

Where applicable, users agree to pay all charges to their account, including taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Sport Informant reserves the right to change the amount, or basis for deciding, any fees or charges for services and to institute new fees or charges effective upon prior notice to users. All users must give valid credit card information to Sport Informant to make an online purchase.

One time charges will be charged to a user's account at the time of purchase and Sport Informant will automatically charge a user's account for renewals on recurring subscription products on the same day of every month for monthly subscription and on every one year anniversary for annual subscriptions.

The renewal charge will be equivalent to the original customer sign-up price, unless user receives prior notice from Sport Informant. Users must notify Sport Informant of intent to cancel any paid services as explained in Sport Informant's Cancellation Policy. A user's right to use the services is subject to any limits instituted by Sport Informant or by a user's credit card issuer. If payment cannot be charged to a user's credit card or a user's charge is returned to Sport Informant for any reason, Sport Informant reserves the right to either suspend or terminate a user's access and account, in so doing this agreement will be terminated and all obligations of Sport Informant. Sport Informant agrees that it will terminate user's account upon proper notice from user. All cancellations of service purchases are handled under the terms of Sport Informant's Cancellation Policy. If a user has reason to believe that his or her account is no longer a secure one then user must promptly change his or her password and notify Sport Informant of the problem to avoid possible liability for any unauthorized charges to user's account.

4. Sweepstakes and/or Contests

Prizes are occasionally offered in relation to many services. Each game, contest and sweepstakes will be managed by its own set of official rules. We encourage you to read all contest or sweepstakes rules before participating in them.

5. Registration for Services

In the majority of situations you must register on this web site to gain access to the services. When you register to become a member, you agree to provide accurate, current, and complete information about yourself as prompted by the appropriate registration form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this agreement and your use of the web site.

Part of the registration process includes selecting a username and password. We may refuse to give you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as decided by Sport Informant in its sole discretion. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities that are conducted through your account.

6. User Privacy

We respect any concerns you may have regarding how we may gather and/or use personal information, and want to protect your privacy. When you first access the web site, and occasionally when you access the web site thereafter, we may collect certain data in addition to the data collected during registration for services provided. Our Privacy Policy will govern how we may collect and use this data. By assenting to these terms and using this web site, you evidence your agreement with, and understanding of the Privacy Policy.

7. User Input

We welcome any suggestions by a user to assist us in providing new information and services to our users. While we will attempt to review your suggestions, we may not be able to sufficiently respond to messages suggesting new ideas. You agree that any idea that you may convey to us will become our sole and exclusive property and that we will have no liability or responsibility for providing any credit, compensation, or other consideration for any idea that you may send to use or for keeping any idea confidential. Such submissions may not be acknowledged and will not be returned.

8. Content

This web site may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by a third party. This content is for your reference solely and will not by relied on by you for any purpose. This content may not be copied, duplicated, distributed, downloaded, sold, or otherwise exploited by you in any way, except as agreed to in writing by us. We are not accountable for the content's accuracy and reliability.

9. Links and Advertising

Occasionally, this web site will contain hyperlinks to a third party website and/or banner advertising, and/or sponsorships operated by or referring to a third party and their goods and services. Such links and advertising are for your reference only, and we neither control linked web sites or advertising, nor or are accountable for their content. Display of links or advertising on the web site does not imply or express any endorsement by us or any individuals or entities acknowledged in the content on linked web sites, or of such links or advertising, or any association with their operators. You may express any comments or concerns that you have regarding links or advertising on the web site to us. The user is solely responsible for any charges or obligations that may be incurred as a result of any dealings with such web site operators or advertisers. Other web sites may contain a link to our web site posted on theirs. You hereby acknowledge and agree that we are not responsible for the content of any such web site or the actions of any operator of any such web site.

10. Copyrights, Trademarks, and Service Marks

Our web site and all materials on this web site including, without limitation: software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audios, videos, and music (Intellectual Properties) are or may be protected under United States and worldwide copyrights which are owned or licensed, in whole or part, by us or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, service marks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred, or otherwise distributed or exploited in any manner at all from this web site or any other web site owned or operated by us without our prior written consent, which may be withheld in our solitary discretion. Any manipulation of the web site or any portion of it or use of any of the foregoing for any other purpose constitutes an infringement of our copyrights, trademark rights or property, and proprietary rights, or of the respective owners of such intellectual property. Any use of any portion of this web site or any other web site or other networked computer environment is prohibited without or prior written consent, which may be withheld at our solitary discretion. You represent that you are the solitary author and proprietor of any information or ideas that you submit to us, and that no other information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form.

If you have knowledge or have become aware of any information or ideas on this web site submitted by any other user is protected by intellectual property laws, you agree to promptly give us notices of these infringements.

11. User Indemnity

You agree to defend, indemnify, and hold harmless us, our affiliates, agents, employees, directors, interest holders, stockholders, officers, managers, and content producers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and disbursements) arising out of or relating to: your breach or failure of your obligations under the agreements, the placement of you by a link to the web site on any web site or in any e-mail, or your use of the web site or participation in any activities arising from this web site, including, but not limited to, the services offered. Such indemnity will include any costs and expenses incurred by us in any actions taken to enforce this indemnity.

12. Disclaimer of Warranty; Limitation of Liability

This disclaimer of liability applies to any damages or injury caused by any act or omission of ours or any of our officers, managers, agents, directors, affiliates, interest holders, stockholders, employees, or content providers. Any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of data, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that neither us nor any of our officers, managers, interest holders, agents, directors, affiliates, employees, or content provided are liable for the defamatory, offensive, or illegal conduct of other users and that the risk of injury from the foregoing rests entirely with you. You agree that use of our web site is completely at your own risk. Our web site, content, and services are provided "as is" and "as available" for your personal use only, without representation or warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access or products provided through or in connection with Sport Informant or the web site. We specifically disclaim any and all warranties, including without limitation: any warranties concerning the availability and accuracy of content, information, products, or services; and any warranties of title or warranties of merchantability or fitness for a particular process.

Neither Sport Informant nor any of its agents, affiliates, officers, shareholders, directors, managers, interest holders, employees, or content providers will be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your use of the web site or your inability to gain access to or use the web site or the content. You hereby acknowledge that the provisions of this section will apply to all ideas on the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you; in such jurisdictions, our potential liability will be limited to the maximum extent permitted by law. In the event that this section 12 is determined by any court to be unenforceable, you agree that any claim that you bring against Sport Informant or any of its agents, affiliates, employees, shareholders, directors, interest holders, officers, managers, or content providers thereof will be brought only in your individual capacity, and such proceeding (including without limitation any other suit or class action) brought by or against another user or us without our express written consent.

13. Minors

Subject to each of the rules applicable to the services and the Sport Informant Privacy Policy, we welcome users who are 13 years of age or older. If you are a minor, your parent or guardian must accept and bear full responsibility and liability for all your actions when you use this web site.

14. Validity of Electronic/Internet Contracts

The user agreement shall have the same meaning, force, and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern the user agreement. A printed version of the user agreement will be admissible in judicial or administrative proceedings based upon or relating to the use agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. Choice of Law

The user agreement will be governed and construed in accordance with the laws of the state of Ohio, applicable to agreements made and wholly performed in that state, without regard to the choice of law provisions thereof.

16. Contact

If you wish to contact us for any reason, please refer to our Contact page.

17. Miscellaneous

Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of the user agreement, including without limitation this Section 17. Paragraph headings are solely for the ease of reference and will not be given any weight or effect in the interpretation or construction of the user agreement.

Waiver of any breach or default under any provision of the user agreement will not be effective unless it is in writing and executed by us, and will not be deemed to be, and will not be, a waiver of any subsequent or continuing breach of, or default under, such provision, or of any other provision. The user agreement constitutes the entire agreement between you and us and supersedes all invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the user agreement will continue in full force and effect. Any rights not expressly granted herein are reserved.

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